Violent Crime Reduction Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill

Violent Crime Reduction Bill
Part 2 — Weapons etc.
29

(5)
In subsection (4) of that section in paragraphs (a) and (b), for “seventeen”
substitute “eighteen”.
(6)
In the table in Part 1 of Schedule 6 (punishment)—
(a)
in the entry for section 22(1), in the second column, at the end insert “or
person under 18 acquiring air weapon”;
5
(b)
in the entry for section 22(4), in the second column, for “17” substitute
“18”;
(c)
in the entry for section 24(1), in the second column, at the end insert “or
an air weapon to a person under 18”;
(d)
in the entry for section 24(4), in the second column, for “17” substitute
10
“18”.
27
Firing an air weapon beyond premises
(1)
The 1968 Act is amended as follows.
(2)
After section 21 (possession of firearms by persons previously convicted of
crime) insert—
15
“21A
Firing an air weapon beyond premises
A person commits an offence if—
(a)
he has with him an air weapon on any premises; and
(b)
he uses it for firing a missile beyond those premises.”
(3)
In section 23 (exceptions from section 22(4))—
20
(a)
in subsection (1), for paragraphs (a) and (b) substitute “for the person
under whose supervision he is to allow him to use it for firing any
missile beyond those premises.”;
(b)
omit subsection (4).
(4)
In the table in Part 1 of Schedule 6 (punishment), after the entry for section
25
21(5) insert—

“Section 21A
Person
Summary
A fine of level
Paragraphs 7

making

3 on the
and 8 of Part

improper use

standard scale
II of this

of air weapon

Schedule

30

apply.”

(5)
In that table, in the entry for section 23(1), for the words in the second column
substitute “Person supervising a person under 17 and allowing him to make
improper use of air weapon”.
(6)
In Part 2 of that Schedule (supplementary)—
35
(a)
in paragraph 7, after “under section” insert “21A,”;
(b)
in paragraph 8, after “under section” insert “21A,”.
28
Restriction on sale and purchase of primers
(1)
This section applies to a primer that is capable of being comprised in
ammunition for a firearm.
40

Violent Crime Reduction Bill
Part 2 — Weapons etc.
30

(2)
It is an offence for a person to sell to another either—
(a)
a primer to which this section applies,
(b)
anything which is not itself ammunition for a firearm but contains such
a primer,

unless that other person falls within subsection (3).
5
(3)
A person falls within this subsection if—
(a)
he is a registered firearms dealer;
(b)
he sells by way of any trade or business either primers or things in
which they are contained, or both;
(c)
he produces a certificate authorising him to possess a firearm of the
10
relevant kind;
(d)
he produces a certificate authorising him to possess ammunition for a
firearm;
(e)
he shows that he is entitled, by virtue of the 1968 Act, the Firearms
(Amendment) Act 1988 (c. 45) or any other enactment, to have
15
possession of a firearm of the relevant kind, or of such ammunition,
without a certificate; or
(f)
he produces a certificate authorising another person to have possession
of such a firearm, or of such ammunition, together with that other
person’s authority to purchase the primer or other thing on his behalf.
20
(4)
It is an offence for a person to buy or to attempt to buy—
(a)
a primer to which this section applies, or
(b)
anything which is not itself ammunition for a firearm but contains such
a primer,

unless he falls within subsection (5).
25
(5)
A person falls within this subsection if—
(a)
he is a registered firearms dealer;
(b)
he sells by way of any trade or business either primers or things in
which they are contained, or both;
(c)
he holds a certificate authorising him to possess a firearm of the
30
relevant kind;
(d)
he holds a certificate authorising him to possess ammunition for a
firearm;
(e)
he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act
1988 or any other enactment, to have possession of a firearm of the
35
relevant kind, or of such ammunition, without a certificate; or
(f)
he is in possession of a certificate authorising another person to have
possession of such a firearm, or of such ammunition, and has that other
person’s authority to purchase the primer or other thing on his behalf.
(6)
An offence under this section shall be punishable, on summary conviction—
40
(a)
in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
both; and
(b)
in Scotland, with imprisonment for a term not exceeding 6 months or
with a fine not exceeding level 5 on the standard scale, or with both.
45
(7)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(a) of this
section to 51 weeks is to be read as a reference to 6 months.

Violent Crime Reduction Bill
Part 2 — Weapons etc.
31

(8)
For the purposes of this section a firearm is of a relevant kind in relation to a
sale or purchase if ammunition capable of being used with that firearm
contains, or may contain, primers of the same description as the primer to
which the sale or purchase relates or (as the case may be) as the primer
contained in the thing to which it relates.
5
(9)
In this section “enactment” includes an enactment passed after the passing of
this Act.
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Restriction on sale and purchase of ammunition loading presses
(1)
It is an offence for a person to sell an ammunition loading press to another
unless that other person falls within subsection (2).
10
(2)
A person falls within this subsection if—
(a)
he is a registered firearms dealer;
(b)
he sells ammunition loading presses by way of any trade or business;
(c)
he produces a certificate authorising him to possess a firearm;
(d)
he produces a certificate authorising him to possess ammunition for a
15
firearm;
(e)
he shows that he is entitled, by virtue of the 1968 Act, the Firearms
(Amendment) Act 1988 (c. 45) or any other enactment, to have
possession of a firearm, or of such ammunition, without a certificate; or
(f)
he produces a certificate authorising another person to have possession
20
of a firearm, or of such ammunition, together with that other person’s
authority to purchase the ammunition loading press on his behalf.
(3)
It is an offence for a person to buy or to attempt to buy an ammunition loading
press unless he falls within subsection (4).
(4)
A person falls within this subsection if—
25
(a)
he is a registered firearms dealer;
(b)
he sells ammunition loading presses by way of any trade or business;
(c)
he holds a certificate authorising him to possess a firearm;
(d)
he holds a certificate authorising him to possess ammunition for a
firearm;
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(e)
he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act
1988 or any other enactment, to have possession of a firearm, or of such
ammunition, without a certificate; or
(f)
he is in possession of a certificate authorising another person to have
possession of a firearm, or of such ammunition, and has that other
35
person’s authority to purchase the ammunition loading press on his
behalf.
(5)
An offence under this section shall be punishable, on summary conviction—
(a)
in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
40
both; and
(b)
in Scotland, with imprisonment for a term not exceeding 6 months or
with a fine not exceeding level 5 on the standard scale, or with both.
(6)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (5)(a) of this
45
section to 51 weeks is to be read as a reference to 6 months.

Violent Crime Reduction Bill
Part 2 — Weapons etc.
32

(7)
In this section—
“ammunition loading press” includes ammunition loading die;
“enactment” includes an enactment passed after the passing of this Act.
Imitation firearms
30
Manufacture, import and sale of realistic imitation firearms
5
(1)
A person is guilty of an offence if—
(a)
he manufactures a realistic imitation firearm;
(b)
he modifies a firearm or an imitation firearm so that it becomes a
realistic imitation firearm;
(c)
he sells a realistic imitation firearm; or
10
(d)
he brings a realistic imitation firearm into Great Britain or causes one to
be brought into Great Britain.
(2)
The Secretary of State may by regulations—
(a)
provide for exceptions and exemptions from the offence under
subsection (1); and
15
(b)
provide for it to be a defence in proceedings for such an offence to show
the matters specified or described in the regulations.
(3)
Regulations under subsection (2) may—
(a)
frame any exception, exemption or defence by reference to an approval
or consent given in accordance with the regulations;
20
(b)
provide for approvals and consents to be given in relation to particular
cases or in relation to such descriptions of case as may be specified or
described in the regulations; and
(c)
confer the function of giving approvals or consents on such persons
specified or described in the regulations as the Secretary of State thinks
25
fit.
(4)
The power of the Secretary of State to make regulations under subsection (2)
shall be exercisable by statutory instrument subject to annulment in pursuance
of a resolution of either House of Parliament.
(5)
That power includes power—
30
(a)
to make different provision for different cases;
(b)
to make provision subject to such exemptions and exceptions as the
Secretary of State thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
provision as he thinks fit.
35
(6)
An offence under this section shall be punishable, on summary conviction—
(a)
in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
both; and
(b)
in Scotland, with imprisonment for a term not exceeding 6 months or
40
with a fine not exceeding level 5 on the standard scale, or with both.
(7)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(a) of this
section to 51 weeks is to be read as a reference to 6 months.

Violent Crime Reduction Bill
Part 2 — Weapons etc.
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(8)
In this section “realistic imitation firearm” means an imitation firearm whose
appearance is so realistic as to make it indistinguishable, for all practical
purposes, from—
(a)
a firearm of an existing make or model; or
(b)
a firearm falling within a description that applies to an existing
5
category of firearms which, even though they include firearms of
different makes or models or both, all have the same or a similar
appearance.
(9)
For the purposes of subsection (8) an imitation firearm is not to be regarded as
distinguishable from a firearm for any practical purpose if it could be so
10
distinguished only—
(a)
by an expert;
(b)
on a close examination; or
(c)
as a result of an attempt to load or to fire it.
31
Specification for imitation firearms
15
(1)
The Secretary of State may by regulations make provision requiring imitation
firearms to conform to specifications which are—
(a)
set out in the regulations; or
(b)
approved by such persons and in such manner as may be so set out.
(2)
A person is guilty of an offence if—
20
(a)
he manufactures an imitation firearm which does not conform to the
specifications required of it by regulations under this section;
(b)
he modifies an imitation firearm so that it ceases to conform to the
specifications so required of it;
(c)
he modifies a firearm to create an imitation firearm that does not
25
conform to the specifications so required of it; or
(d)
he brings an imitation firearm which does not conform to the
specifications so required of it into Great Britain or causes such an
imitation firearm to be brought into Great Britain.
(3)
An offence under this section shall be punishable, on summary conviction—
30
(a)
in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
both; and
(b)
in Scotland, with imprisonment for a term not exceeding 6 months or
with a fine not exceeding level 5 on the standard scale, or with both.
35
(4)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this
section to 51 weeks is to be read as a reference to 6 months.
(5)
Regulations under this section may provide that, in proceedings for an offence
under this section, it is to be presumed, unless the contrary is proved, that an
40
imitation firearm conforms to the required specification if it, or the description
of imitation firearms to which it belongs, has been certified as so conforming
by a person who is—
(a)
specified in the regulations; or
(b)
determined for the purpose in accordance with provisions contained in
45
the regulations.

Violent Crime Reduction Bill
Part 2 — Weapons etc.
34

(6)
The power of the Secretary of State to make regulations under this section shall
be exercisable by statutory instrument subject to annulment in pursuance of a
resolution of either House of Parliament.
(7)
That power includes power—
(a)
to make different provision for different cases;
5
(b)
to make provision subject to such exemptions and exceptions as the
Secretary of State thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
provision as he thinks fit.
32
Supplying imitation firearms to minors
10
(1)
After section 24 of the 1968 Act insert—
“24A
Supplying imitation firearms to minors
(1)
It is an offence for a person under the age of eighteen to purchase an
imitation firearm.
(2)
It is a offence to sell an imitation firearm to a person under the age of
15
eighteen.
(3)
In proceedings for an offence under subsection (2) it is a defence to
show that the person charged with the offence—
(a)
believed the other person to be aged eighteen or over; and
(b)
had reasonable ground for that belief.
20
(4)
For the purposes of this section a person shall be taken to have shown
the matters specified in subsection (3) if—
(a)
sufficient evidence of those matters is adduced to raise an issue
with respect to them; and
(b)
the contrary is not proved beyond a reasonable doubt.”
25
(2)
In the table in Part 1 of Schedule 6 (punishment), after the entry for section
24(4) insert—

“Section
Acquisition
Summary
In England
—”

24A(1) or (2)
by a minor of

and Wales, 51

an imitation

weeks or a

30

firearm and

fine of level 5

supplying

on the

him.

standard

scale, or both.

In Scotland, 6

35

months, or a

fine of level 5

on the

standard

scale, or both.

40
(3)
In relation to an offence committed in England and Wales before the
commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the

Violent Crime Reduction Bill
Part 2 — Weapons etc.
35

reference to 51 weeks in the entry inserted by subsection (2) of this section is to
be read as a reference to 6 months.
33
Increase of maximum sentence for possessing an imitation firearm
(1)
In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act
(mode of trial and punishment of possession of firearm or imitation firearm in
5
a public place)—
(a)
in paragraph (b) of column 3 (offence to be triable either way except in
the case of an imitation firearm or air weapon), omit the words “in the
case of an imitation firearm or”; and
(b)
in column 4, for “7 years or a fine; or both” substitute—
10
“(i)
if the weapon is an imitation firearm,
12 months or a fine, or both;
(ii)
in any other case, 7 years or a fine, or
both.”
(2)
An offence in England and Wales under section 19 of the 1968 Act in respect of
15
an imitation firearm which is triable either way by virtue of this section is to be
treated—
(a)
as an offence to which section 282(3) of the Criminal Justice Act 2003
(c. 44) (increase of maximum sentence on conviction of an either way
offence) applies; and
20
(b)
as not being an offence to which section 281(5) of that Act (increase of
maximum sentence on conviction of a summary only offence) applies.
(3)
This section—
(a)
applies only to offences committed after the commencement of this
section; and
25
(b)
so far as it relates to subsection (3) of section 282 of the Criminal Justice
Act 2003 or subsection (5) of section 281 of that Act, does not have effect
in relation to offences committed before the commencement of that
subsection.
Other weapons
30
34
Sale etc. of knives and other weapons
(1)
The Criminal Justice Act 1988 (c. 33) is amended as follows.
(2)
In section 141A(1) (prohibition on sale of knives etc. to persons under sixteen),
for “sixteen” substitute “eighteen”.
(3)
In subsections (5), (8) and (9) of section 141 (defences relating to museums and
35
galleries to offence of manufacture, sale etc. of prescribed weapons), for
“prove” substitute “show”.
(4)
After subsection (11) of that section insert—
“(11A)
It shall be a defence for a person charged in respect of conduct of his
relating to a weapon to which this section applies—
40
(a)
with an offence under subsection (1) above, or
(b)
with an offence under section 50(2) or (3) of the Customs and
Excise Management Act 1979,